A few days ago, the Colorado Supreme Court ruled that the voucher plan adopted by the school board in Douglas County was unconstitutional. It was a split decision. It is puzzling that it was a split decision, because the Colorado state constitution explicitly prohibits any public funding of religious institutions.
Text of Section 7:
Aid to Private Schools, Churches, Sectarian Purpose, Forbidden.
Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose.
s Hess at the American Enterprise Institute writes in the National Review that the U.S. Supreme Court might well decide to throw out this part of the state constitution because it was written in the late 1870s as a Protestant ban on funding Catholic schools. Such amendments, found in 2/3 of the states’ constitutions, are known as Blaine amendments for James G. Blaine of New York, who led the movement to keep public money out of religious schools.
Diane Ravitch's blog 
Freedom of religion depends on the separation of church and state.
That’s what they taught us back in the last millennium, even in Texas, maybe even especially in Texas, whose constitution as an independent republic they made us learn in school.
The Montana legislature has also passed a tax-credit voucher bill, which seems to have attracted little attention.. It also violates the state constitution. — Edd Doerr (arlinc.org)
There’s the financial equity component of vouchers which is one thing. The problem with vouchers or any educational choice system, is what if it in any way promotes or lends to segregation by socio-economic status or ability?
The courts have ruled that separate but equal is a concept that never exists in reality, separate becomes unequal, if left to its natural tendency. For society to provide equality, it has to actively desegregate and mix students by socio-economic status as much as is financially or geographically possible. Vouchers are a step in the opposite direction, and that’s why they are wrong, they promote exclusion and thus inequality.
It is terrific that so many states have separation of church and state in their constitutions. I would like to see a civil rights lawsuit that challenges charters on the grounds of segregation. It is a huge issue, and I don’t see how public funds can be spent that results in greater segregation. I know they will claim they are private, but they should not be allowed to use public money to enhance de facto segregation.
Take it to the supreme court. We’ll see what Stanford says, in the sense that Anthony Kennedy represents the integrity of a Stanford education.
So LITTLE surprises me anymore. One wonders if the Constitution is worth the paper on which it is written.
Reblogged this on Schooling Our Kids and commented:
Diane Ravitch adds to the conversation on Colorado Supreme Court’s recent decision by grabbing the language from the state Constitution! I pays to follow the blog of an educational historian at dianeravitch.net The whole deal seems pretty cut and dry. Nevada next?
How can the Supreme Court throw out parts of STATE constitutions? Wouldn’t that be against federalism? As long as it’s not blatantly discriminatory, the feds should leave state constitutions alone. The only comment made in the U.S. Constitution about state constitutions is that states must have a republican (little r, not big R) form of government.
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”
Americans United for Separation of Church and State is an advocacy group that works against private vouchers by following the issues and providing legal assistance in lawsuits etc. I joined them this year – take a look: https://www.au.org/issues/school-vouchers-government-subsidies-religious-schools
As southern states are finally getting rid of the Confederate flag, it is also time for other states to get rid of the KKK-inspired constitutional provisions that historians know were borne out of religious prejudice and hatred.
“It is puzzling that it was a split decision, because the Colorado state constitution explicitly prohibits any public funding of religious institutions.”
I believe it was a split decision for the reason Hess states.
[…] Re: Diane Ravitch • Why Douglas County, Colorado, Vouchers Were Ruled Unconstitutional […]